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DMCA Safe Harbor Protection and Possible Take-downs?
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DMCA Safe Harbor Protection and Possible Take-downs?

vinipvinip Member
edited January 2018 in General

Hi I am a non US citizen and living in US allied country which the country has limited Visa agreement for US citizens.
I would like to create a cloud file hosting service and honour all dmca requests (if any in the future) to remove immediately. So this is dmca safe harbor.
However..
If somebody or some company dismiss the dmca request (hy not sending through my hosting site) and open dmca lawsuit in the future, so what can they do against me personally or the hosting/domain? I know using cloudflare is nothing. Because domain is always vulnerable. Or hiding domain owner info is nothing too. Can they open copyright lawsuits against me or takedown the domains?

Comments

  • jarjar Patron Provider, Top Host, Veteran

    I would gladly give you any legal advice that I knew for certain to be accurate and useful, and I say that to make this point more dramatic: you definitely need to consult a lawyer for this.

  • WSSWSS Member

    Move to Sweden. Then move away.

    Thanked by 1quick
  • If you don't know the answer to these questions, maybe leave file hosting to those that do.

  • It really depends on what specific agreements your country has with the U.S. or other major copyright-holding countries, whether the copyright holder has a local presence in your country, as well as what your country's own domestic laws are.

    In the U.S., creating a corporation will shield you from personal liability to a certain extent because a corporation is considered a separate living entity. So in many cases a company may be shut down but the owner's personal bank account won't be touched. However, the level of protection can vary quite a bit depending on country.

    Some close allies have tax agreements in place where if you have unpaid tax in the U.S., they can come after you through your own country's tax authority. Then again, having the tax agreement doesn't necessarily mean that there are other agreements.

    So what you're asking is for is specific to your country and there is no easy general answer anyone here can give. Consult a local lawyer, maybe one you can find online that would answer a quick and easy question for free or cheap.

  • There's no money in pubic cloud hosting. Don't bother unless you want to do shifty hosting like mega what's his face has for years. But then be prepared to always be looking over your shoulder. Your 15-20 years too late to the game bro.

    Your best bet is to keep it private and just amongst friends or via invites. No one is going to think "oh cool 100gb with this service for $20 a year I'll just put up my home videos and pictures and that'll be that". They will just use amazon picture or drop box or anything else Google tells them to do when searching for it.

  • fkjfkj Member

    If it's an EU country, the Electronic Commerce Directive of 2001 excludes ISP's liability of hosting infringed copy as long as it complies with "notice and take down" requirement (Art 14). So in short, they cannot file lawsuits against you before sending out a notification asking you to take down copyrighted material.

    Most countries have these kinds of ISP protection, but still, some haven't (e.g. Hong Kong while mainland China has). So, all in all, consult a lawyer.

  • Don't do it to yourself, it's not worth the headache.

  • deankdeank Member, Troll

    Why don't you do it in your home country? Limited Visa and a shady business like that smell trouble.

  • vinipvinip Member
    edited January 2018

    @sureiam said:
    There's no money in pubic cloud hosting. Don't bother unless you want to do shifty hosting like mega what's his face has for years. But then be prepared to always be looking over your shoulder. Your 15-20 years too late to the game bro.

    Your best bet is to keep it private and just amongst friends or via invites. No one is going to think "oh cool 100gb with this service for $20 a year I'll just put up my home videos and pictures and that'll be that". They will just use amazon picture or drop box or anything else Google tells them to do when searching for it.

    I agree with you. The market is full of these.

    Maybe with the exception of making it more local-based. Like full support in local language, local billing system, localized language etc.?

    @deank said:
    Why don't you do it in your home country? Limited Visa and a shady business like that smell trouble.

    Edit:
    Just gonna ignoring this member. Forgot to see he is a pure troll. Lol

    @fkj said:
    If it's an EU country, the Electronic Commerce Directive of 2001 excludes ISP's liability of hosting infringed copy as long as it complies with "notice and take down" requirement (Art 14). So in short, they cannot file lawsuits against you before sending out a notification asking you to take down copyrighted material.

    Most countries have these kinds of ISP protection, but still, some haven't (e.g. Hong Kong while mainland China has). So, all in all, consult a lawyer.

    Yep @fkj maybe this is the correct answer.

  • deankdeank Member, Troll

    Uh, oh. This one sounds trouble.

    Good luck, you are going to need it. The worst thing that will happen to you is going behind bars or expelled.

  • AuroraZAuroraZ Barred
    edited January 2018

    Only have one word for you : Lawyer.

  • WSSWSS Member

    @AuroraZ said:
    Only have one word for you : Lawyer.

    On retainer.

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